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Suspension of Electoral Processes and Extension of the Union Directors' Office
Carey, June 2020

On May 29th, 2020, Law Nr. 21,235 which temporarily suspends electoral processes in labor unions, extending the term of union leaders and delegates’ office (hereinafter, the “Law”), was published in the Chilean Official Gazette...

Circular No. 38 and Resolution No. 56: Tax Authority Gives Instructions on the Temporary Reduction of the Stamp Tax Rate
Carey, June 2020

On May 25, 2020, the Chilean IRS issued instructions on the temporary decrease to 0% of the Stamp Tax rate accrued between April 1 and September 30, 2020 (the "0% Rate Term"). In general terms, the Circular establishes the following: Although this is a transitory decrease, it benefits extensions and renewals made during the 0% Rate Term, which are linked to documents originally granted and taxed. This represents a change of criteria by the Chilean IRS...

Circular No. 32 Issued by the Chilean IRS: Tax Treatment of Expenses Incurred due to Covid-19
Carey, May 2020

On April 29, 2020, the Chilean IRS issued instructions regarding the tax treatment of expenses incurred in connection with the health emergency caused by Covid-19. Additionally, the Tax Authority refers to the general requirements for all expenses and the tax treatment of some donations. I. Regarding the general requirements on deduction of expenses In accordance with Article 31 of the Income Tax Law, recently amended by Law No...

Modification of Decree N 466, of 1984, of the Ministry of Health, Which Approves the Regulation in the Matter of Electronic Commerce of Medicines
Carey, May 2020

On May 7, 2020, the amendment to Decree No. 466 was published in the Official Gazette, which approves the Regulation of Pharmacies, Drugstores and other pharmaceutical establishments, regarding the sale of medicines through electronic means. Particularly, article 8 of said Decree is modified, in order to allow the electronic sale of medicines in pharmacies, incorporating the following sentence: "Pharmacies may dispense medicines through electronic means...

Sernapesca Adopts New Measures to Contain the Impact of COVID-19 in the Salmon Industry
Carey, May 2020

The National Fisheries and Aquaculture Service (“Sernapesca”) has issued a series of resolutions. Resolutions No 672/2020 , No 725/2020 and No 805/2020 - that incorporate new measures to those indicated in Resolution No. 565 dated March 16, 2020 which authorized the adoption of certain measures in salmon farming centers in the context of COVID-19...

New Measures Taken by the Chilean Authority Against the Pandemic
Carey, May 2020

I. Update of sanitary measures published this week in the Official Gazette On Wednesday, May 13, Resolution No. 341 of the Ministry of Health was published, which provides for a series of sanitary measures, among which the following stand out, since they modify measures that have been implemented to date: Any concentration of more than 50 people in a certain place, regardless of its nature, or whether it takes place in open or closed spaces, is forbidden...

Amendment to New Regulation on Maritime Concessions: Inclusion of Electronic Administrative Procedure as of June 2020
Carey, May 2020

I. Background On March 4, 2020, Supreme Decree (the “SD”) Nr. 183, issued by the Ministry of National Defense, Undersecretary for the Armed Forces, was published in the Official Gazette (the “Amendment”), which amended SD Nr. 9, the New Regulation on Maritime Concessions (the “New Regulation”), which in turn substituted the previous regulation contained in SD Nr. 2 of 2005, issued by the former Undersecretary of Navy.   II...

Financial Market Commission Issues Regulation Regarding the Treatment of Provisions and Information Requirements for Covid-19 Loans
Carey, May 2020

These provisions will apply until October 31th, 2021. The Financial Market Commission (CMF) reports that its Council approved on April 30th, 2020 a regulation (Circular No. 2,252), containing provisions for banks with regard to Covid-19 loans from the Guarantee Fund for Small and Medium-Sized Companies (FOGAPE)...

Subsecretary of Fishing and Aquaculture Extends Plantation Terms and Provides Recommendations to Operate
Carey, May 2020

In the context of COVID-19, the Undersecretary of Fishing and Aquaculture (Subpesca) issued Resolution No. 1068 (Res. 1068), which provides the extension in a month, of the terms for sanitary rests and harvest regulated in articles 23 Ñ and 23 R of Supreme Decree No. 319/2001, Sanitary Regulation for Aquaculture, in all farming centers. Recommendations In addition, by means of Res...

New Temporary Measures Implemented by the National Institute of Industrial Property (CLPTO) due to National Pandemic Contingency for COVID-19
Carey, May 2020

On April 30, 2020, the CLPTO announced the temporary application of new measures issued in relation to deadlines, procedures and legal requirements in administrative and contentious processes, with the aim of facilitating the compliance of legal obligations by applicants and users. Previously, the CLPTO had granted ex officio, through the Exempt Resolution No...

Operation of Chilean Courts of Law Due to COVID-19
Carey, April 2020

Due to the health emergency triggered by COVID-19, various measures that affect the normal operation of the courts of law, have been decreed and adopted by each of the Courts: The Chilean Supreme Court has issued various instructions, all of which may be checked at https://www.pjud.cl/noticias-emergencia-sanitaria, underscoring, among others: Favoring teleworking for judges, court officials and attorneys-at-law. Suspending customer service...

Cooperatives are Allowed to Refinance Payment of Credits
Carey, April 2020

Resolution 849 of the Department of Cooperatives of the Ministry of Economy, Development and Tourism recently published, allows credit cooperatives under the supervision of the same, to refinance up to three installments in the payment of credits if they are delayed for terms of less than 30 days. since the publication of said resolution, on April 6, 2020. New credits or amendments may not be treated as such, for purposes of their rankings and provisions...

SERNAC's New Interpretative Circular on Safeguarding the Health of Consumers and Alternative Measures for Compliance, Suspension and Extinction of Benefits, in the Face of the Coronavirus Pandemic
Carey, April 2020

In April 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on Safeguarding Consumer health and alternative measures for compliance, suspension and extinction of benefits in the Face of the coronavirus pandemic (Covid-19)...

SERNAC's New Interpretative Circular on Supplier's Good Practices in the Context of the COVID-19 Pandemic
Carey, April 2020

On April 20, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on Supplier’s Good Practices in the context of the Covid-19 Pandemic", which seeks to establish the main concepts and criteria for companies to promote good commercial practices in order to protect consumers, especially with regard to their health and physical and psychological integrity...

Life Sciences Alert
Carey, April 2020

On April 15th, Exempt Resolution No. 258, that determines certain maximum prices in accordance with the abilities granted to the Ministry of Health by Decree No. 4/2020, was published in the Official Gazette...

Chilean Central Bank Increases Upper Thresholds for the Investment in Alternative Assets by Pension Funds
Carey, April 2020

The Chilean Central Bank increased the upper thresholds for the investment in alternative assets by Pension Funds type A, B, C, and D, with the purpose of “promoting the diversification of Pension Funds' portfolios, granting them access to a better combination of risk and return ”. In the case of Pension Funds type E, the former limit was kept...

Tax Alerts
Carey, April 2020

Decree No. 553 establishes a tax measure for taxpayers subject to the presumptive income regime     On April 18, 2020, Decree No. 553 was published, which, in addition to Decree No. 420 , extends the deadline for taxpayers subject to the presumptive income tax system to exercise the option to pay taxes on income obtained during 2019, on the basis of effective income determined under full accounting. The deadline is extended until 31 July 2020...

Update on Online Actions and Procedures in Mining Matters due to the COVID-19 Pandemic
Carey, April 2020

In addition to those actions taken that benefit all industries, especially regarding labor and tax matters, the mining industry has been subject to some specific permits and proceedings. Collective Safe-Passage Permits...

Obligation of Using Masks
Carey, April 2020

On April 17th, 2020 was enacted Exempt Resolution No. 282 by the Ministry of Health which established the obligation of using mask on certain places and circumstances (the “Resolution”). 1...

Chilean Supreme Court Reaches Agreement Regarding the Operation of the Judiciary during the National Health Emergency
Carey, April 2020

ACT Nº 53-2020 of the Chilean Supreme Court, recently enacted, attempts to establish a set of norms that balance the protection of public health (to both members of the Judiciary and the general public) with the continuity of the judicial service, with the purpose of facing and getting through the contingency that endangers it...

Commission for the Financial Market Establishes Deadlines for the Submission of Information by Insurance Entities and Suspends Examination for Insurance Brokers and Claims Adjusters
Carey, April 2020

On April 9, 2020, the Commission for the Financial Market ("CFM") issued Directive Nr. 1146 which, according to the situation associated with the outbreak of Covid-19 and the State of Constitutional Disaster Emergency, resolved the following:   I. Establishing by 2020 the following deadlines for the submission of reports on the following regulations: General Rule Nr...

SERNACs new Interpretative Circular on the Suspension of Terms of Legal, Voluntary and Satisfaction Guarantees during the Health Crisis of COVID-19
Carey, April 2020

On April 9, 2020, the National Consumer Service (SERNAC) published the "Interpretative Circular on the suspension of terms of legal, voluntary and satisfaction guarantees during the health crisis of COVID-19". The document seeks to provide a harmonious interpretation of Law No. 19,496, Consumer Protection Act (CPA) and its principles, in the light of the measures adopted as a result of COVID-19 that have affected compliance with obligations arising from consumer contracts...

Competition Court Publishes New Decree (Auto Acordado) No. 21/2020 on Extraordinary Consultations Made Under Article 18 No. 2 of Law Decree No. 211
Carey, April 2020

On April 7, 2020, the Chilean Competition Court published on its website Decree (Auto Acordado) No. 21/2020 on extraordinary consultations made under Article 18 No. 2 of Law Decree No. 211, effective as of the same date.   I...

AFC Published the Schedule for the Implementation of New Law on Employment Protection
Carey, April 2020

On April 8th, 2020, it was published on the Official Gazette Ruling No.88 (issued by the Undersecretary of Treasury), required by law No.21,227 on employment protection (hereinafter, the "Law"), for purposes of accessing to the unemployment insurance benefits established in the Law...

New Law on Guaranteed Minimum Income
Carey, April 2020

On April 3rd, 2020, Law No.21,218 (the “Law”), which creates a monthly subsidy (the “Subsidy”) borne by the State of Chile, in order for employees to reach a minimum guaranteed income, was published on the Official Gazette.   I. Requirements that employees must fulfill in order to be eligible for the Subsidy Having a valid employment contract, pursuant to the Labor Code. Their regular working schedule must exceed 30 hours a week...

 

 

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